Agenda 03/13/2018 Item #11D03/13/2018
EXECUTIVE SUMMARY
Recommendation to direct staff to either 1) prepare an ordinance to ban medical marijuana
dispensing facilities from locating within the boundaries of Collier County, or 2) to continue to
publicly vet a Land Development Code amendment to permit medical marijuana dispensaries in
the same zoning districts as pharmacies.
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OBJECTIVE: To obtain Board direction regarding the regulation of medical marijuana di spensaries in
Collier County.
CONSIDERATIONS: On February 2, 2017, the Board initiated a moratorium for cannabis dispensing
businesses in order to give staff time to review pending legislation and develop land use regulations
regarding medical marijuana. On June 9, 2017, the Florida Legislature enacted Senate Bill 8-A (The Bill).
The Bill introduces comprehensive changes to F.S 381.986 which preempts County regulation of medical
marijuana treatment centers with dispensing facilities. Under the Bill, the County has the following two
options when addressing medical marijuana dispensaries:
1. The County may by Ordinance ban medical marijuana dispensaries from locating within
the boundaries of the County.
2. The County may allow medical marijuana dispensaries as described below:
If the Board does not elect a ban, the County may restrict medical marijuana dispensaries from
locating within 500 feet of a public or private elementary, middle, or secondary school; and the
County may determine by Ordinance criteria for the location of, and permitting requirements for,
medical marijuana dispensaries that is not in conflict with state law. However, the County may
not:
Place limits on the number of dispensing facilities that may locate within Collier County,
and
Enact an ordinance for permitting, or determining the location of, dispensing facilities
which is more restrictive than the County’s ordinances permitting or determining the
locations for pharmacies.
While discussing the County’s response on July 11, 2017, the Board expressed a desire to not adopt a ban,
but to establish more local control over dispensaries than allowed by the Bill. As a result, the Board has
extended the moratorium on cannabis dispensing businesses twice, with the most recent extension
expiring on June 30, 2018, to allow more time for the Legislature to enact new guidelines regarding local
control. To date, the Legislature has not provided further clarification or rule making during the 2018
Legislative Session that pertains to local control over cannabis dispensing businesses.
FISCAL IMPACT: There are no fiscal impacts associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: Section 381.986(11), FS provides:
(11) PREEMPTION.-Regulation of cultivation, processing, and delivery of marijuana
by medical marijuana treatment centers is preempted to the state except as provided in
this subsection.
(a) A medical marijuana treatment center cultivating or processing facility may not be
located within 500 feet of the real property that comprises a public or private elementary
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school, middle school, or secondary school.
(b)1. A county or municipality may, by ordinance, ban medical marijuana treatment
center dispensing facilities from being located within the boundaries of that county or
municipality. A county or municipality that does not ban dispensing facilities under this
subparagraph may not place specific limits, by ordinance, on the number of dispensing
facilities that may locate within that county or municipality.
2. A municipality may determine by ordinance the criteria for the location of, and other
permitting requirements that do not conflict with state law or department rule for,
medical marijuana treatment center dispensing facilities located within the boundaries of
that municipality. A county may determine by ordinance the criteria for the location of,
and other permitting requirements that do not conflict with state law or department rule
for, all such dispensing facilities located within the unincorporated areas of that county.
Except as provided in paragraph (c), a county or municipality may not enact ordinances
for permitting or for determining the location of dispensing facilities which are more
restrictive than its ordinances permitting or determining the locations for pharmacies
licensed under chapter 465. A municipality or county may not charge a medical
marijuana treatment center a license or permit fee in an amount greater than the fee
charged by such municipality or county to pharmacies. A dispensing facility location
approved by a municipality or county pursuant to former s. 381.986(8)(b), Florida
Statutes 2016, is not subject to the location requirements of this subsection.
(c) A medical marijuana treatment center dispensing facility may not be located within
500 feet of the real property that comprises a public or private elementary school,
middle school, or secondary school unless the county or municipality approves the
location through a formal proceeding open to the public at which the county or
municipality determines that the location promotes the public health, safety, and general
welfare of the community.
(d) This subsection does not prohibit any local jurisdiction from ensuring medical
marijuana treatment center facilities comply with the Florida Building Code, the Florida
Fire Prevention Code, or any local amendments to the Florida Building Code or the
Florida Fire Prevention Code.
This item has been approved as to form and legality, and requires a majority vote for approval. -JAK
RECOMMENDATION: To direct staff to prepare either 1) an ordinance to ban medical marijuana
dispensing facilities from locating within the boundaries of Collier County, or 2) a Land Development
Code amendment to permit medical marijuana dispensaries in the same zoning districts as pharmacies.
Prepared By: Jeremy Frantz, AICP, Land Development Code Manager, Zoning Division
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.D
Doc ID: 4801
Item Summary: Recommendation to direct staff to either 1) prepare an ordinance to ban medical
marijuana dispensing facilities from locating within the boundaries of Collier County, or 2) to continue to
publicly vet a Land Development Code amendment to permit medical marijuana dispensaries in the same
zoning districts as pharmacies. (Mike Bosi, Planning and Zoning Division Director)
Meeting Date: 03/13/2018
Prepared by:
Title: Planner, Senior – Zoning
Name: Jeremy Frantz
02/15/2018 3:23 PM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
02/15/2018 3:23 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 02/15/2018 3:56 PM
Zoning Michael Bosi Additional Reviewer Completed 02/20/2018 8:12 AM
Growth Management Department James French Deputy Department Head Review Completed 02/20/2018 4:07 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 02/22/2018 2:58 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 02/27/2018 8:52 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/27/2018 9:43 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/02/2018 8:29 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 03/02/2018 11:48 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/03/2018 2:10 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/13/2018 9:00 AM
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